M & M Investment Group, LLC v. Ahlemeyer Farms, Inc. - 2/14/13

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Thursday  February 14, 2013 
9:45 AM  EST

9:45 a.m. 03S04-1211-CC-645. The Bartholomew Circuit Court entered an order denying M & M Investment Group’s petition for issuance of a tax deed. The Court of Appeals affirmed, concluding that Indiana’s pre-tax-sale notice statute, Indiana Code Section 6-1.1-24-3, “violates the Due Process Clause of the Fourteenth Amendment because it does not require the government to provide sufficient notice prior to the tax sale either by mail or by personal service to mortgagees who have publicly recorded mortgages, even if such notice is not requested by the mortgagees, and because it provides that, even if the government fails to mail the requested notice or the notice is undeliverable for some reason, the validity of the tax sale will not be affected.” M & M Investment Group, LLC v. Ahlemeyer Farms, Inc., 972 N.E.2d 889, 896 (Ind. Ct. App. 2012), vacated. The Supreme Court has granted a petition to transfer the case and has assumed jurisdiction over the appeal.

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